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PEOPLE v. BURNEY

1171 KA 19-00552.

204 A.D.3d 1473 (2022)

166 N.Y.S.3d 798

2022 NY Slip Op 02737

The People of the State of New York, Respondent, v. Gary D. Burney, Appellant. (Appeal No. 3.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 22, 2022.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ADAM AMIRAULT OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the facts, the indictment is dismissed, and the matter is remitted to Genesee County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from three judgments convicting him, following a single jury trial, of various crimes. Defendant appeals, in appeal No. 3, from a judgment convicting him of burglary in the second degree (Penal Law § 140.25[2]), arising...

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